HomeMy WebLinkAboutNuQuo 2017-18NuQuo Services Agreement
This services agreement is dated November l, 2017 (the "Start Date") and is between NuQuo
Group, Inc., ("NuQuo"). and Bonneville Joint School District 93, (the "Company").
NuQuo provides professional guidance and advice regarding the purchase, lease and/or
financing of business equipment. The Company wants to engage NuQuo to perform the services set
forth in this agreement.
The parties therefore agree as follows:
1. Description of Services. NuQuo shall conduct an analysis of the Company's current
contracts for copying and printing equipment, present the findings to the Company, calculate the
Company's current month spend on [copying and printing) equipment, supplies, and services ("Baseline
Cost"), discuss current needs and future goals with the Company, issue a request for proposal ("RFP") to
multiple qualified vendors, analyze all RFP responses, negotiate the contracts with the prospective
vendor or vendors selected by the Company, and recommend a vendor to the Company.
2. Fees. (a) As consideration for NuQuo's performance of the services described in Section
1, Company shall pay NuQuo a fee only if the Company's ongoing monthly spend for comparable
copying and printing equipment, supplies and services on the contracts the Company enters into with
vendors following the RFP (the "Renegotiated Cost") is less than the Baseline Cost. Company shall pay
NuQuo a fee equal to 25% of the difference between the Baseline Cost and the Renegotiated Cost. This
payment may be incorporated into the equipment lease and paid to NuQuo through the lease financing
company or paid to NuQuo directly by the Company.
3. Collection of Past Due Accounts. If NuQuo should take any action against the Company
for collection of fees, the prevailing party shall be paid by the other party for reasonable fees and costs
incurred by the prevailing party, including all legal fees and collection agency fees.
4. Term and Termination. (a) The term of this agreement is 12 months or the length of
the contract signed by Company whichever is greater, unless term inated by either party in writing as per
section 4(b).
(b) This agreement may be terminated by either party by providing written notice to the
other party. The Company may terminate this agreement at any time within 5 days of the Start Date
without penalty. If the Company terminates this agreement after 5 days from the Start Date (the "Grace
Period"). then the Company shall pay NuQuo the fee NuQuo would have been otherwise entitled to
receive under Section 2(a), even if the contract is terminated prior to Company's execution of contracts
with a selected vendor. Any payment obligations of the Company shall survive the termination of this
Agreement.
5. Severability. If any portion of this Agreement is held to be unenforceable, the
unenforceable portion must be construed as nearly as possible to reflect the original intent of the
parties, the remaining portions remain in full force and effect, and the unenforceable portion remains
enforceable in all other contexts and jurisdictions.
6. Governing law and Forum. All claims regarding this Agreement are governed by and
construed in accordance with the laws of Idaho, applicable to contracts wholly made and performed in
such jurisdiction, except for any choice or conflict of law principles, and must be litigated in Idaho,
regardless of the inconvenience of the forum, except that a party may seek temporary injunctive relief in
any venue of its choosing.
7. Entire Agreement. This Agreement is the entire agreement between the parties and
supersedes all earlier and simultaneous agreements regarding the subject matter.
The parties are signing this agreement on the Start Date.
Bonneville Joint School District 93
By: ~~~ Name:P~
Title: Chair, Board of Trustees
NUQUO GROUP, INC.
By: ~wzc,~
Name: Kevin McGee
Title: A~ency Owner
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